Terms & Conditions

** If you are searching for the Rental Terms for a specific property shown on ExclusiveGetawaysHawaii.com, the Rental Terms for a property may be found by clicking the Book Now button for the property of interest, and proceed to the Billing Information page (Step 3) of the booking process.  At the bottom section of this page is a complete description of the unit's Rental Terms & Conditions.**

Welcome to the ExclusiveGetawaysHawaii.com website (the "Website"). This Website has been developed solely to assist visitors in securing information associated with the following: vacation rental lodging, determining the availability of vacation rental homes and services affiliated with vacation rental home stays, and making personal inquiries directly related to the vacation rental homes on this website.  Use of this Website for any other purpose is prohibited. The terms "we", "us", "our" and "Exclusive Getaways" refer to Exclusive Getaways, Inc., a Hawaii corporation and/or our subsidiaries. The term "you" refers to any web visitor visiting www.exclusivegetawayshawaii.com.   You may only use our Website for your personal, non-commercial use. You may not use our Website to market any product or service to any other party, including the owners of properties displayed as search results. You may not post or mirror the results of any search using our Website on your or any other website. You may not link to or post information from any properties or materials displayed on our Website or displayed as search results on your or any other website.
 

Exclusive Getaways, Inc. provides this Website to you, subject to these Terms & Conditions.  Exclusive Getaways, Inc. provides licensed rental property companies with the ability to make their rental properties available to you through this Website. Unless explicitly stated otherwise, all aspects of this Website, and the use of this Website, are governed by and subject to these Terms & Conditions.  Please note that other websites and services offered by our property manager partners are not under our control, and are governed by their own unique Terms & Conditions.  Please consult our property manager partners' Terms & Conditions for their practices.
 

By utilizing our Website, you agree to and accept our Terms & Conditions in their entirety and without reservation.  If you do not accept and agree to our Terms & Conditions in their entirety and without reservation, please do not access or utilize our Website and leave this Website immediately.  Exclusive Getaways, Inc. reserves the right to make changes to these Terms & Conditions as it deems appropriate and without prior notice.  Exclusive Getaways, Inc. reserves the right at any time to discontinue, for any period, the Website without prior notice.  You agree that Exclusive Getaways, Inc. shall not be liable to you or to any and all of your privies for any changes, service outages, suspension or termination the Website.

This Website, and all associated software, files, data, content, media, or any other materials made available by Exclusive Getaways, Inc (collectively "Website materials") are solely owned by Exclusive Getaways, Inc., it's licensors, or property managers partners.   All elements of the Website, including without limitation the general design and Website materials, are protected by patent, copyright, trademark and other laws relating to intellectual property rights. This Website may only be used for the intended purpose for which the Website is being made available. You may not modify any of the Website materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Website. For purposes of these Terms & Conditions, the use of any of the Website materials on any other web site or networked computer environment is prohibited. Website materials contained in sponsor advertisements or information presented to you through the Website or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
 

Limitation of Liability

IN NO EVENT WILL THE WEBSITE, EXCLUSIVE GETAWAYS, INC., ITS AFFILIATES, OFFICERS, DIRECTORS AND/OR EMPLOYEES BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM OUR WEBSITE, THESE TERMS, YOUR USE OF THE WEBSITE AND/OR ANY TRANSACTION BETWEEN USERS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE WEBSITE, ORYOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOUHAVE ANY OTHER DISPUTE OR CLAIM WITH USOR AGAINST US, ANOTHER USER OR THE WEBSITE WITH RESPECT TO THESE TERMS OR THE WEBSITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE WEBSITE. OUR LIABILITY, AND THE LIABILITY OF ANY INDIVIDUAL MEMBER OF EXCLUSIVE GETAWAYS, INC. TO YOU OR ANY AND ALL OF YOUR PRIVIES UNDER ANY AND ALL CIRCUMSTANCE ARISING OUT OFOR IN CONNECTION WITH THE WEBSITE IS LIMITED TO THE $100.00 IN THE AGGREGATE.

Indemnification
You agree to defend, hold harmlessand indemnify Exclusive Getaways, Inc., Exclusive Getaways’ Affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by any person or third parties as a result of:
(a) your breach of this Agreement or the documents referenced herein;
(b) your violation of any law or the rights of a third party; or
(c) your use of this Website.
 

1.    ACCOUNT SECURITY

You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the website. We have the right to provide user billing, account, content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone having access to your personal identifiable information will be able access your account so you should take reasonable steps to protect this information.
 

1.    NO REPRESENTATIONS, ENDORSEMENT OR ADVICE

Exclusive Getaways, Inc. does not own nor can it contract for any vacation rental property listed on the website. Instead, the website acts as a venue to allow professional vacation rental management companies the ability to offer for rent, or rent, in a variety of pricing formats, a specific vacation rental property. We have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We do not ensure that a buyer or seller will actually complete a transaction. Consequently, we do not make any representations as to the quality, location, availability, suitability, or pricing of any specific property. As part of the website, Exclusive Getaways, Inc. may make available a variety of content through the website prepared by itself or third parties. This content is for informational purposes only and is not intended as tax, legal or investment advice.
 

We use various ways to verify the accuracy of the information that our users provide us when they register on the website. Despite our efforts, the information on this website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this website. For example, properties included on this website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this website. In addition, the property manager may make changes in information about price and availability without notice. However, we cannot and do not confirm each user's purported identity. We encourage you to communicate directly with a property manager through the tools available on the website.
 

ANY AND ALL SERVICES AND RIGHTS OF USE HEREUNDER ARE PERFORMABLE AND/OR SOLD IN THE STATE OF HAWAII, UNITED STATES OF AMERICA, AND YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY SUBMIT IN CONNECTION WITH YOUR USE OF THE WEBSITE OR PURSUANT TO THESE TERMS WILL BE FILED IN THE THIRD CIRCUIT COURT, KONA DIVISION, STATE OF HAWAII WHICH WILL BE THE VENUE OF ANY LEGAL DISPUTE. YOU ALSO AGREE THAT ANY DISPUTE BETWEEN YOU AND US WILL BE GOVERNED BY THE LAWS OF THE STATE OF HAWAII.